Case Note & Summary
The petitioners filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 11.7.2019 passed by the Additional Sessions Judge, Court No. 30, Greater Mumbai. The Sessions Court had dismissed the entire Revision Application filed by the petitioners on the point of jurisdiction alone, without hearing the matter on merits. The petitioners had earlier filed a Misc. Application for staying the order dated 5.4.2019, which was impugned before the Sessions Court in revision. The Sessions Court, after hearing the Misc. Application, dismissed the entire Revision Application on the point of jurisdiction. The High Court observed that the Sessions Court ought to have heard the Revision Application on merits and not dismissed it in limine on the point of jurisdiction. The High Court set aside the impugned order and remitted the matter back to the Sessions Court for fresh hearing on merits, directing the Sessions Court to decide the Revision Application on its own merits in accordance with law. The High Court also directed the parties to appear before the Sessions Court on 5.8.2019.
Headnote
A) Criminal Procedure Code - Revision - Dismissal on Jurisdictional Grounds - Section 397, 401 Criminal Procedure Code, 1973 - The Sessions Court dismissed the entire Revision Application on the point of jurisdiction alone without hearing the matter on merits - Held that the Sessions Court ought to have heard the Revision Application on merits and not dismissed it in limine on the point of jurisdiction - The impugned order was set aside and the matter was remitted back to the Sessions Court for fresh hearing on merits (Paras 1-10).
Issue of Consideration
Whether the Sessions Court was justified in dismissing the entire Revision Application on the point of jurisdiction alone without hearing the matter on merits.
Final Decision
The High Court allowed the Criminal Writ Petition, set aside the impugned order dated 11.7.2019 passed by the Additional Sessions Judge, and remitted the matter back to the Sessions Court for fresh hearing on merits. The Sessions Court was directed to decide the Revision Application on its own merits in accordance with law. The parties were directed to appear before the Sessions Court on 5.8.2019.
Law Points
- Revision application cannot be dismissed in limine on point of jurisdiction alone without hearing on merits
- Criminal Procedure Code
- 1973
- Section 397
- Section 401
- inherent powers of Sessions Court
Case Details
2019 LawText (BOM) (07) 126
Criminal Writ Petition No. 3894 of 2019
Mr. Mathews Nedumpara a/w. Mr. Amit Pal Singh Advocate for Petitioner, Mr. S.R. Agarkar, APP for Respondent/State, Mr. A.R. Bamne, Advocate for Respondent No. 2
Mrs. Mangal Dayanand Khopar and Pravin Dayanand Khopar
State of Maharashtra, Dena Bank, Siddhi Enterprise, Mohanish Anil Karnik, Advocate Mr. Shyam Dhar, Senior Inspector of Police, Charkop
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Nature of Litigation
Criminal Writ Petition challenging the order of the Sessions Court dismissing the Revision Application on the point of jurisdiction alone.
Remedy Sought
The petitioners sought to challenge the order dated 11.7.2019 passed by the Additional Sessions Judge dismissing the entire Revision Application on the point of jurisdiction alone.
Filing Reason
The Sessions Court dismissed the Revision Application on the point of jurisdiction without hearing the matter on merits.
Previous Decisions
The Sessions Court had passed an order dated 11.7.2019 dismissing the Revision Application on the point of jurisdiction alone.
Issues
Whether the Sessions Court was justified in dismissing the entire Revision Application on the point of jurisdiction alone without hearing the matter on merits.
Submissions/Arguments
The petitioners argued that the Sessions Court ought to have heard the Revision Application on merits and not dismissed it in limine on the point of jurisdiction.
Ratio Decidendi
A Revision Application cannot be dismissed in limine on the point of jurisdiction alone without hearing the matter on merits. The Sessions Court must hear the Revision Application on merits and decide it in accordance with law.
Judgment Excerpts
The present petition is filed inter alia to challenge the order dated 11.7.2019 passed by the Hon'ble Additional Sessions Judge, presiding in Court No. 30, in the Court of Sessions for Greater Mumbai, at Mumbai by which the learned Sessions Court after hearing the Misc. Application for staying the order dated 5.4.2019 which was impugned before it for revision, on the point of jurisdiction alone, dismissed the entire Revision Application filed by the petitioners.
Procedural History
The petitioners filed a Revision Application before the Sessions Court challenging an order dated 5.4.2019. The Sessions Court, after hearing a Misc. Application for stay, dismissed the entire Revision Application on the point of jurisdiction alone on 11.7.2019. The petitioners then filed the present Criminal Writ Petition before the Bombay High Court challenging the said order.
Acts & Sections
- Criminal Procedure Code, 1973: 397, 401
